1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Basic facts

A. On May 11, 201, the Plaintiff entered into a lease agreement with C, setting the lease deposit of KRW 210 million with respect to D Apartment 146,701 (hereinafter “instant apartment”), from June 27, 2011 to June 26, 2013. Since the instant apartment was occupied on June 27, 2011, the Plaintiff paid KRW 746,830 with respect to the instant apartment from June 26, 201 to October 27, 2017, the long-term repair appropriations from September 19, 2017 to October 27, 2017 are the long-term repair appropriations from September 27, 2017 to October 27, 2017.

B. On September 19, 2017, the Defendant paid the sale price for the instant apartment in the voluntary auction procedure for the instant apartment, and completed the registration of ownership transfer on the same day.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 1, the purport of the whole pleadings

2. The Defendant, which caused the Plaintiff’s claim, succeeded to the lessor’s status of the former owner by acquiring the ownership of the instant apartment, and accordingly succeeded to the duty to return the long-term repair appropriations to the Plaintiff by the former owner.

In addition, in light of the provisions of Article 18 of the Act on the Ownership and Management of Aggregate Buildings, the defendant succeeded to the obligation of return of long-term repair appropriations to the plaintiff by the former owner.

Therefore, the Defendant is obligated to pay the Plaintiff the total amount of the long-term repair appropriations from June 26, 201 to October 27, 2017, including the long-term repair appropriations, KRW 746,830, and delay damages.

3. Based on the acquisition date of ownership of the instant real estate by the Defendant, the fact that the sum of the amounts paid from June 26, 2011 to September 18, 2017, among the long-term repair appropriations paid by the Plaintiff, was 14,230 won (=746,830 won-14,230 won) and the total amount paid from September 19, 2017 to October 27, 2017, is as seen earlier.

Therefore, the following.